Hilda Hernandez vs. American Tooth Industries; State Compensation Insurance Fund

In this case, Hilda Hernandez was awarded attorney’s fees for her deposition in the amount of $416.25. The State Compensation Insurance Fund (SCIF) objected to the award and only paid $356.25. The Workers’ Compensation Appeals Board granted reconsideration and amended the decision to award a penalty of $9.00 and attorney’s fees for the May 25, 2007 appearance to litigate the issues at $100.00. The Board also rescinded the Labor Code section 5814.5 attorney’s fees and deferred the issue of sanctions. The case was returned to the trial level for further proceedings and decision.